| Commentary

57.13 Remedies

| Commentary

57.13 Remedies

In terms of remedies, on an application under the Arbitration Act 1996 Section 68, the court may, in whole or in part1:

  1. 57.13.1

        remit the award to the tribunal for reconsideration;

  2. 57.13.2

        set aside the award; or

  3. 57.13.3

        declare the award to be of no effect.

Remission to the tribunal is the ‘default remedy’2. Where an award is partially remitted, the part that has not been remitted remains valid and enforceable3. The power to set aside an arbitration award, in whole or in part, is ‘to be used sparingly’4,

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